Judgment Search Results Home > Cases Phrase: navy act 1957 section 156 removal of insane prisoners Page 1 of about 420 results (0.150 seconds)

Commander Ravinder Singh Vs. Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

..... then it can only be dissolved in any of these circumstances but in the present case court martial has been dissolved because of the majority of the executive members were fallen short as required under section 97 (10) (a) of the navy act, 1957 that the majority of the members of the court-martial including the president shall be the officers of the executive branch of the naval service. ..... , during the trial of court martial, petitioner raised objections that two members cannot participate in accordance with section 102 of the navy act 1957 and the court martial upheld the objection and replaced two members of the court martial and court was ..... pointed out to the members that the number of non executive members were increased and the present court martial cannot continue and still court martial proceeded as the same cannot be dissolved under section 123 of navy act, 1957 then it would have caused a greater hardship to the delinquent and would have resulted into futile exercise. ..... the contingency which has happened in the present case is not covered by section 123 because the section 97 (10) of navy act, 1957 is not covered under section 123, therefore, convening authority realized that the proceeding with defective court martial will be of more hardship to the delinquent and it will be a travesty of justice to continue with such ..... was raised by the petitioner that two persons cannot participate and accordingly two members were removed and new members were replaced. ..... found insane during .....

Umesh Kumar Singh Vs. the Flag Officer Commanding-in-chief, Eastern Na ...

Court : Armed forces Tribunal AFT Regional Bench Chennai

..... legal issue raised in this application/appeal, even though not put forward in the arguments of the appellant, is that the court martial convened is not in conformity with the section 97 of the navy act 1957 and as per section 97(11) of the navy act, at least two of the members in the court martial shall be drawn from two different ships, but in this case all the members have been draw n from ..... one in number country made pistol with barrel measuring about 7 in length and 2 in circumference and three rounds of 7.62mm ammunition and thereby committed an offence punishable under section 25(1-a) of the arms act 1959 read with section 77(2) of the navy act 1957.4) did remain absent without leave from indian naval ship circars additional headquarters 32 wireless experimental unit over 15 days advance of annual leave of 1999 from 12.00 hours on 23rd ..... in number country made pistol with barrel measuring about 7 in length and 2 in circumference and three rounds of 7.62mm ammunition and thereby committed an offence punishable under section 25(1-a) of the arms act 1959 read in conjunction with section 77(2) of the navy act 1957.4) did remain absent without leave from indian naval ship circars additional headquarters 32 wireless experimental unit over 15 days advance of annual leave of 1999 from 12.00 hours on ..... who fought in the first world war and was detailed as a prisoner of war for 5 years in japan. ..... magistrate of railways, before whom he had identified the accused in the central prison. .....

Avtar Singh Vs. Union of India and ors

Court : Delhi

..... ramdas, chief of the naval staff under section 163 of the navy act, 1957 maintaining the conviction of the petitioner on all charges except the charge 20 and reducing the sentence of imprisonment to the period of imprisonment already undergone while maintaining the other ..... recommenced which culminated in the finding of guilt against the petitioner on the 15th of march, 1991 on eight out of 27 charges which had been framed against him and the award of punishment of rigorous imprisonment as class a prisoner; dismissal from naval service; fine of rs.10,000/- for six months imprisonment in default. ..... far as the challenge in the present writ petition is concerned, a legal objection has been premised by learned counsel for the petitioner on the violation of regulation 156 navy (discipline and miscellaneous provisions) regulations, 1965 (`navy regulations hereafter) by the respondents.21. ..... petitioner has urged that very timing of the events on 1st november, 1990 belies the respondents stand that there was due compliance with regulation 156 and application of mind by the convening authority in terms thereof. ..... before considering the working of regulation 156 (navy discipline and miscellaneous provisions) regulations, 1965, we may for the convenience set out the provisions of regulations 153, 155, 156 and 157 which read as follows: ..... it is evident from the above that regulations 156 and 159 come into operation on receipt of the circumstantial letter as well as the aforenoticed documents by the .....

Ajay Kumar Singh Vs. Flag officer Commanding and Ors.

Court : Supreme Court of India

..... no.11 of 2011 dated 05.01.2012 and order dated 17.02.2012 passed in review petition no.2 of 2012 in and by which the tribunal affirmed the conviction of the appellants under sections 342 and 392 ipc read with section 77(2) of the navy act, 1957 and modified the sentence of imprisonment to that of the period already undergone by them. ..... appellants preferred statutory appeals before the chief of the naval staff in accordance with section 162 of navy act 1957. ..... after completion of investigation, chargesheet was filed against the appellants on 26.06.1999 under sections 392 and 342 ipc read with section 77 (2) of the naval act and section 25(1-a) of the arms act read with section 77(2) of the navy act:-(i) for committing a robbery of rs.2,54,371/- at the andhra bank extension counter at ins virbahu; (ii) for wrongful confinement of the bank manager and cashier; (iii) for possession of country made pistol and three rounds of ammunition ..... pw-14 and pw-18 have also spoken about the identification parade held in the prison and that they have identified the appellants in the test identification parade.13. ..... manager-marwaha and cashier opened the iron chest and the culprits removed rs.2,54,376/- from the cash tray of the iron safe and kept the same in the blue colour rexin bag which they were ..... they removed the money, the three persons locked the manager and the cashier inside the strong room of the bank before escaping in a metallic blue bajaj chetak scooter alongwith the blue colour cash .....

Commander V.S. Batra Vs. Chief of the Naval Staff, Naval Headquarters( ...

Court : Delhi

Reported in : 1998VAD(Delhi)91; 74(1998)DLT810; 1998(47)DRJ130

..... according to mr.arvind nigam, the learned counsel for the petitioner, the case of conspiracy had been trotted out only to get over the bar under section 79 of the navy act, 1957 while the charge against the petitioner runs counter to the very basis of the concept of conspiracy between the petitioner and the co-accused.18. ..... the accused cdr vs batra has been charged on two counts under section 34 of indian penal code and read in conjunction with section 77(2) of the navy act, 1957 for entering into conspiracy to cheat materials organisation, visakhapatnam between 19 sep 94 to 17 jan ..... while dealing with the objection it would not be out of place to mention that under section 114 of the navy act, 1957 the trial judge advocate has been charged with the duties to decide all questions of law arising in the course of the ..... in shree kantiah's case, : 1955crilj857 (supra), misappropriation was committed by removing goods from a government depot and on the occasion of the removal of the goods, the first accused was not present. ..... or fled from justice or committed the offence of desertion or fraudulent entry or the offence of mutiny shall be tried or punished in pursuance of this act for any offence committed by him unless such trial commences within three years from the commission of such offence: provided that in the computation of the said period of three years any time during which an offender was outside india or any time during which he was a prisoner of war shall be deducted. .....

M.K. Mishra Vs. Union of India, Represented by the Secretary and Anoth ...

Court : Armed forces Tribunal AFT Regional Bench Kochi

..... are, therefore, of the view that the finding of the court martial that the charge under section 354 of the indian penal code read with section 77(2) of the navy act, 1957 was proved beyond all reasonable doubts against the applicant, was perfectly correct and requires no interference. ..... to be justified to withhold the applicant's service pension even after imposition of the sentence of dismissal from service because the sentence of dismissal from the naval service with disgrace has no doubt serious consequences as provided in section 82(6) of the navy act, 1957, but such consequences were not attracted in any way in the matter of the sentence of dismissal without disgrace. ..... this original application (appeal) challenging the verdict of the court martial, whereby he was found guilty of the charge under section 354 of the indian penal code read with section 77(2) of the navy act, 1957 and was accordingly dismissed from the service. 2. ..... (1a) a person who is removed from service under section 15 of the act, may be considered for the grant of pension or gratuity or both at the rate not exceeding that for which he should have otherwise qualified had he been discharged on the ..... he next contended that it was quite improbable that the accused would remove his clothes in the presence of two female children and wear underwear ..... it was also nowhere stated that the accused removed the underwear of the victim and put his genital part into the genital part of the victim ..... dismissed, removed or .....

Shri Shantilal Nagarwal, Ex. Mcelar Second Class Vs. Union of India (U ...

Court : Mumbai

Reported in : (2008)110BOMLR3069

..... the procedure at court martial under the navy act is prescribed in chapter xiii in sections 98 to section 146 of the act and is a complete code in itself. ..... petitioner sought judicial review by the commander in chief under section 160 of the navy act, who reduced the sentence as indicated above by his impugned order ..... muthu by kneeding him punishable under section 45(c) of the navy act.5. ..... muthu, punishable under section 45(c) of the navy act.5. ..... failure to place demand of spare for the aircraft and thereby committing offence punishable under section 41(c) of the navy act.2. ..... he also took us through all the relevant provisions of the navy act and a number of judicial pronouncements in support of his contentions, namely, that -(1) there was no legal evidence to hold the petitioner guilty;(2) the orders were vitiated since no reasons for holding petitioner guilty were recorded; and(3) ..... provisions) regulation 1965 contains only ancillary provisions, since the navy act itself deals with the procedure at court martials.12. ..... the army act too contains provisions relating to court martials, however, those provisions are not as elaborate as those in the navy act, since the army rules elaborate the procedure for court martial ..... and 77(2) of the navy act, and6. ..... provisions relevant for the present purpose, contained in sections 113 to 118 of the act, read as under:113. ..... to report for duty on 06.04.2001 though called for such duty and thereby committing offence punishable under section 41(a) of the act.3. .....

Shivendra Bikaram Singh (Ex. Lt.) Vs. Union of India(Uoi), Through the ...

Court : Mumbai

Reported in : 2002(1)BomCR695

..... orders whereby the chief of the naval staff has maintained the findings of the court martial and held him guilty under sections 497, 452 and 325 of the indian penal code respectively read with section 77(2) of the navy act, 1957, but modified the sentence to one of rigorous imprisonment as a class i prisoner for a period of 12 calendar months; to be dismissed from naval service and to suffer the consequential penalties involved.2. ..... conclusion of the court martial proceedings, the petitioner was found guilty of charges 1, 3 and 4 under sections 497, 452 and 325 of the indian penal code respectively, read with section 77(2) of the navy act, 1957 and sentenced to rigorous imprisonment as class i prisoner for a period of 24 months; to be dismissed with disgrace from naval service and to suffer the ..... sentence were challenged by the petitioner before the admiral chief of the naval staff who, in turn, in exercise of powers conferred under section 163 of the navy act, 1957 (hereinafter, called as 'the act') maintained the findings of the court martial, but modified the sentence awarded to the petitioner as mentioned hereinbefore.3. ..... of the naval staff dated 8th january, 2001 in judicial review of trial by court martial (exh.p.2) as well as order passed by him in exercise of powers conferred under section 163 of the navy act, 1957 vide order dated january 31, 2001 (exh. p.2/a). ..... in the morning of 30th july and he and his wife as well as she had cleaned the floor to remove the blood stains. .....

Vikrampal Singh Versus Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

..... the learned additional solicitor general on behalf of the respondents have urged that if sections 160 and 161 of the navy act and section 15 of the act are read together, the position would become clear that the jurisdiction of the tribunal under section 15 is confined to the aspects exercisable by the high court under article 226. ..... this point, the provisions of sections 160 and 161 of the navy act may be quoted below: section 160 - judicial review by the judge advocate general of the navy (1) all proceedings of trials by court-martial or by disciplinary courts shall be reviewed by the judge advocate general of the navy either on his own motion or on application made to him within the prescribed time by any person aggrieved by any sentence or finding, and the judge advocate general of the navy shall transmit the report ..... it is now contended that in view of the special provisions contained in the navy act, 1957, except for an error of jurisdiction or an order which per se would be perverse, this tribunal cannot interfere with the finding or orders passed by the court martial or the appropriate authority under the navy act. .....

Ex. Commodore Narinder M. Pandit Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 147(2008)DLT74; 2008(100)DRJ735; 2008(3)SLJ363(Delhi)

..... the sentence passed by the court martial reads as follows:the court having found the accused guilty of offences charged under section 13(2) of prevention of corruption act, 1988, r/w section 77(2) of navy act, 1957, under section 60(d) of navy act, 1957, under section 54(2) of navy act, 1957, adjudges the said commodore nm pandit (60219-k), indian navy, of indian naval ship angre, to undergo rigorous imprisonment of 18 (eighteen) calendar months, to be dismissed from naval service, to forfeit 36 (thirty six) calendar months seniority in the rank of substantive captain, and to pay a fine ..... for supply of heavy duty non skid grey paint for the period 2002-2003 with the said material organisation, at his residence in material organisation, and thereby committed an offence under section 13(1)(d)(ii) of the prevention of corruption act, 1988 punishable under section 13(2) of the said act, read in conjunction with section 77(2) of the navy act, 1957.sd/-(aspi dhunjishaw marker)commodore, indian navycommanding officer,indian naval ship angreindian naval ship angremumbai03 oct 032. ..... of m/s.computer stationery, mumbai whose firm was supplying computer related items to the indian navy through the said material organisation, at his office in the said material organisation, and thereby committed an offence under section 13(1)(d)(ii) of the prevention of corruption act, 1988 punishable under section 13(2) of the said act, read in conjunction with section 77(2) of the navy act, 1957. .....